Targeted stakeholder consultation on the implementation of an … · 2016-11-25 · 2 The comments received in the course of this consultation will be an input to the further implementation

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Case Id: 07dca1a3-8398-4442-b77b-38b1476677b6Date: 11/05/2015 21:26:32

Targeted stakeholder consultation on theimplementation of an EU system for traceability andsecurity features pursuant to Articles 15 and 16 of theTobacco Products Directive 2014/40/EU

Fields marked with * are mandatory.

This is a targeted stakeholder consultation. The purpose of this consultation is to seekcomments from stakeholders:

directly affected by the upcoming implementation of an EU system for traceability andsecurity features pursuant to Articles 15 and 16 of the new Tobacco Products Directive(Directive 2014/40/EU), orconsidering to have special expertise in the relevant areas.

In the Commission’s assessment, the following stakeholders, including their respectiveassociations, are expected to be directly affected:

manufacturers of finished tobacco products,wholesalers and distributors of finished tobacco products,providers of solutions for operating traceability and security features systems,governmental and non-governmental organisations active in the area of tobacco controland fight against illicit trade.

Not directly affected are retailers and upstream suppliers of tobacco manufacturers (except thesolution providers mentioned in point 3 above).

The basis for the consultation is the Final Report to the European Commission’s Consumers,Health and Food Executive Agency (CHAFEA) in response to tender n° EAHC/2013/Health/11concerning the provision of an analysis and feasibility assessment regarding EU systems fortracking and tracing of tobacco products and for security features (hereafter the FeasibilityStudy). The Feasibility Study was published on 7 May 2015 and is available at

. The interestedhttp://ec.europa.eu/health/tobacco/docs/2015_tpd_tracking_tracing_frep_en.pdfstakeholders are advised to review the Feasibility Study before responding to this consultation.

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The comments received in the course of this consultation will be an input to the furtherimplementation work on a future EU system for traceability and security features. In particular,the comments will be taken into account in a follow-up study.

Stakeholders are invited to submit their comments on this consultation at the followingweb-address until 31 July 2015. The web-basedhttps://ec.europa.eu/eusurvey/runner/tracesurvey consists of closed and open questions. For open questions stakeholders will be askedto provide comments up to the limit of characters indicated in the question or to upload (a)separate document(s) in PDF format up to the limit of total number of standard A4 pages (anaverage of 400 words per page) indicated in the question. Submissions should be - wherepossible - in English. For a corporate group one single reply should be prepared. Forresponses from governmental organisations, which are not representing a national position, itshould be explained why the responding body is directly affected by the envisaged measures.

The information received will be treated in accordance with Regulation 45/2001 on theprotection of individuals with regard to the processing of personal data by the Community(please consult the ). Participants in the consultation are asked not to uploadprivacy statementpersonal data of individuals.

The replies to the consultation will be published on the Commission’s website. In this light noconfidential information should be provided. If there is a need to provide certain information ona confidential basis, contact should be made with the Commission at the following emailaddress: with a reference in [email protected] title: "Confidential information concerning targeted stakeholder consultation on theimplementation of an EU system for traceability and security features". A meaningfulnon-confidential version of the confidential information should be submitted at theweb-address.

Answers that do not comply with the specifications cannot be considered.

A. Respondent details

*A.1. Stakeholder's main activity:a) Manufacturer of tobacco products destined for consumers (finished tobacco products)b) Operator involved in the supply chain of finished tobacco products (excluding retail)c) Provider of solutionsd) Governmental organisatione) NGOf) Other

*A.1.c. Please specify:i) Provider of solutions for tracking and tracing systems (or parts thereof)ii) Provider of solutions for security features (or parts thereof)iii) Data Management Providers (or parts thereof)

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*A.2. Contact details (organisation's name, address, email, telephone number, if applicable nameof the ultimate parent company or organisation) - if possible, please do not include personal dataText of 1 to 800 characters will be accepted

NART BILISIM HIZMETLERI LTD. STI.

Mustafa Kemal Mah. Dumlupinar Bulvari No:280 E Blok 2/A 06510 Cankaya,

Ankara / TURKEY

Tel:

CEO:

*A.3. Please indicate if your organisation is registered in the Transparency Register of theEuropean Commission (unless 1d):

Yes No

*A.4. Extract from the trade or other relevant registry confirming the activity listed under 1 andwhere necessary an English translation thereof.

• e5592249-3a15-43aa-bf01-25c4d87f1a54/reference_letter.pdf

B. Options proposed in the Feasibility Study

B.1. Please rate the appropriateness of each option for tracking and tracing system set out inthe Feasibility Study in terms of the criteria listed in the tables below

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B.1.1. Option 1: an industry-operated solution, with direct marking on the production lines carried outby tobacco manufacturers (for further details on this option, please consult section 8.2 of theFeasibility Study)

Appropriate Somewhat appropriate NeutralSomewhatinappropriate

InappropriateNoopinion

*Technical feasibility

*Interoperability

*Ease of operation forusers

*System integrity (e.g.low risk ofmanipulation)

*Potential of reducingillicit trade

*Administrative/financialburden for economicoperators

*Administrative/financialburden for publicauthorities

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B.1.2. Option 2: a third party operated solution, with direct marking on the production lines carriedout by a solution or service provider (for further details on this option, please consult section 8.3of the Feasibility Study)




*Interoperability






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B.1.3. Option 3: each Member State decides between Option 1 and 2 as to an entity responsiblefor direct marking (manufacture or third party) (for further details on this option, please consultsection 8.4 of the Feasibility Study)




*Interoperability






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B.1.4. Option 4: a unique identifier is integrated into the security feature and affixed in the sameproduction process (for further details on this option, please consult section 8.5 of the FeasibilityStudy)




*Interoperability






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B.1.5. Please upload any additional comments on the options referred to in question B.1 (max. 5pages)

B.2. Please rate the appropriateness of each option for security features set out in theFeasibility Study in terms of the criteria listed in the tables below

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B.2.1. Option 1: a security feature using authentication technologies similar to a modern tax stamp(for further details on this option, please consult section 9.2 of the Feasibility Study)




*Interoperability






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B.2.2. Option 2: reduced semi-covert elements as compared to Option 1 (for further details on thisoption, please consult section 9.3 of the Feasibility Study)




*Interoperability






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B.2.3. Option 3: the fingerprinting technology is used for the semi-covert and covert levels ofprotection (for further details on this option, please consult section 9.4 of the Feasibility Study)




*Interoperability






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B.2.4. Option 4: security feature is integrated with unique identifier (see Option 4 for traceability)(for further details on this option, please consult section 9.5 of the Feasibility Study)




*Interoperability






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B.2.5. Please upload any additional comments on the options referred to in question B.2 (max. 5pages)

C. Cost-benefit analysis

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C.1. Do you agree with?

AgreeSomewhatagree

Neitheragreenordisagree

Somewhatdisagree

DisagreeNoopinion

*The benefitanalysispresented insection 11.3.1 ofthe FeasibilityStudy

*The costanalysispresented insection 11.3.2 ofthe FeasibilityStudy

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D. Additional questions

The questions in this section relate to different possible building blocks and modalitiesof the envisaged system (questions D.1, D.3, D.4, D.6, D.8, D.10, D.12, D.14 and D.16).When replying please take into account the overall appropriateness of individualsolutions in terms of the criteria of technical feasibility, interoperability, ease ofoperation, system integrity, potential of reducing illicit trade, administrative/financialburden for economic stakeholders and administrative/financial burden for publicauthorities.

*D.1. Regarding the generation of a serialized unique identifier (for definition of a unique identifier,see Glossary in the Feasibility Study), which of the following solutions do you consideras appropriate (multiple answers possible)?

a) A single standard provided by a relevant standardization bodyb) A public accreditation or similar system based on the minimum technical and

interoperability requirements that allow for the parallel use of several standards;c) Another solutiond) No opinion

*D.1.a. Please indicate your preferred standardization bodyText of 1 to 400 characters will be accepted

Every country should choose a unique standard to be used on the product.

But choosing a global standard for all countries would be better for

interoperability and decreases the financial costs.

D.2. Please upload any additional comments relating to the rules for generation of a serializedunique identifier referred to in question D.1. above (max. 2 pages)

*D.3. Regarding (a) data carrier(s) for a serialized unique identifier, which of the followingsolutions do you consider as appropriate (multiple answers possible)?

a) Solution based on a single data carrier (e.g. 1D or 2D data carriers)b) Solution based on the minimum technical requirements that allow for the use of

multiple data carriers;c) Another solution;d) No opinion

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*D.3.a. Please indicate your preferred data carrier and explain whyText of 1 to 400 characters will be accepted

Again for cost and interoperability purposes, it would be better to have

a global standard

*D.4. Regarding (a) data carrier(s) for a serialized unique identifier, which of the followingsolutions do you consider as appropriate (multiple answers possible)?

a) System only operating with machine readable codes;b) System operating both with machine and human readable codes;c) No opinion

D.5. Please upload any additional comments relating to the options for (a) data carrier(s) for aserialized unique identifier referred to in questions D.3 and D.4 above (max. 2 pages)

*D.6. Regarding the physical placement of a serialized unique identifier, when should it happen(multiple answers possible)?

a) Before a pack/tin/pouch/item is folded/assembled and filled with products;b) After a pack/tin/pouch/item is folded/assembled and filled with products;c) No opinion

D.7. Please upload any additional comments relating to the placement of a serialized uniqueidentifier referred to in question D.6. above (max. 2 pages)

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D.8. Which entity should be responsible for?

Economicoperatorinvolved inthetobaccotradewithoutspecificsupervision

Economicoperatorinvolved inthe tobaccotradesupervisedby the thirdparty auditor

Economicoperatorinvolved inthetobaccotradesupervisedby theauthorities

Independentthird party

Noopinion

*Generating serializedunique identifiers

*Marking products withserialized uniqueidentifiers on theproduction line

*Verifying if products areproperly marked on theproduction line

*Scanning productsupon dispatch frommanufacturer's/importer'swarehouse

*Scanning productsupon receipt atdistributor's/wholesaler'spremises

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*Scanning productsupon dispatch fromdistributor's/wholesaler'spremises

*Aggregation of products

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D.9. In relation to question D.8. above, please specify any other measures that your organisationconsiders relevantText of 1 to 1200 characters will be accepted

The serial numbers (unique identifiers) will make sense and it will be

harder to fight with unique identifier fraud, so the authorities should

create the unique numbers and send them to the manufacturers. For the

rest all transactions will be done by the stakeholder of the system to

notify the actions to the system.

*D.10. Regarding the method of putting the security feature on the pack/tin/pouch/item, which ofthe following solutions do you consider as appropriate (multiple answers possible)?

a) A security feature is affixed;b) A security feature is affixed and integrated with the tax stamps or national

identification marks;c) A security feature is printed;d) A security feature is put on the pack/tin/puch/item through a different method;e) No opinion

D.11. Please upload any additional comments relating to the method of putting the securityfeature on the pack referred to in question D.10 above (max. 2 pages)

*D.12. Regarding the independent data storage as envisaged in Article 15(8) of the TPD, which ofthe following solutions do you consider as appropriate (multiple answers possible)?

a) A single centralised storage for all operators;b) An accreditation or similar system for multiple interoperable storages (e.g. organised

per manufacturer or territory);c) Another solutiond) No opinion

D.13. Please upload any additional comments relating to the independent data storage referred toin question D.12. above (max. 2 pages)

*D.14. In your opinion which entity(ies) is/are well placed to develop reporting and query tools(multiple answers possible)?

a) Provider of solutions to collect the data from the manufacturing and distribution chain;b) Provider of data storage services;c) Another entityd) No opinion

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Documents

Targeted stakeholder consultation on the implementation of an … · 2016-11-25 · 2 The comments received in the course of this consultation will be an input to the further implementation